Court: JHARKHAND HIGH COURT
Quashing of order taking cognizance : Cruelty, hurt, theft, bigamy : Complaint case filed only after coming to know of filing of Title (M) Suit for divorce and it is actuated with mala fide intention : Order taking cognizance quashed.

Court: ORISSA HIGH COURT
Complaint petition itself does not disclose commission of any offence committed by petitioners — Rather it reflects anguish of complainant for having been impleaded as OP in case filed for award of compensation due to death of her husband in vehicular accident and non-return of articles alleged to have been given at the time of her marriage to deceased husband — Continuance of criminal proceeding would be abuse of process of law and result in failure of justice — Proceedings quashed.

PATNA HIGH COURT
No specific instances of alleged torture or cruelty with exact date and time as also location furnished — General and bald statement of victim being subjected to torture and cruelty as also assault has been made — Instant complaint is by way of counterblast to divorce case filed by petitioner which eventually was decreed and first appeal preferred there against before Allahabad High Court was dismissed.

Court: MADHYA PRADESH HIGH COURT
Cruelty for Demand of Dowry Alleged to be made on 1.6.1993; Complaint Filed Beyond Three Years of Date 1.6.1993, Barred by Limitation : Allegations Regarding Demand of Dowry Figment of Imagination : Complaint Filed by Complainant More than Three Years After Filing of Divorce Petition by Petitioner against Respondent : Continuance of Criminal Proceedings against Petitioner, Abuse of Process of Court : Proceedings Quashed.

Court:ALLAHABAD HIGH COURT
Hurt, Cruelty, Criminal Intimidation, Dowry Demand — Quashing of charge-sheet — CJM took cognizance but not perused the charge-sheet and perused order in a casual manner — He has not applied his judicial mind — Impugned order is illegal and set aside.

Court:SUPREME COURT OF INDIA
Bigamy — Ingredients of Section 494, discussed — In present case ingredients of Section 494 not satisfied — Appellant’s marriage with K was not subsisting on date of second marriage — From the affidavit filed by complainant it is apparent that her husband obtained divorce judgment — Nothing in affidavit that divorce judgment has been stayed or set aside — FIR liable to be quashed.

Court:MADRAS HIGH COURT
Quashing of proceedings — Hurt, criminal breach of trust, cruelty, common intention, dowry demand — Points raised by petitioners to be considered only after recording evidence at appropriate time by Trial Court — Prosecution examined so far five witnesses and points raised by learned Counsel for petitioners relating to appreciation of evidence cannot be considered at this stage for quashing proceedings — All points raised by learned Counsel for petitioners to be raised only after conclusion of trial before trial Judge.

Court:Punjab-Haryana High Court
Complainant has no objection if impugned FIR and all other consequent proceedings arising thereto against petitioners are quashed — Since the compromise is in their welfare and interest, there is no impediment in translating their wishes into reality and to quash criminal prosecution to set the matter at rest to enable them to live in peace and to enjoy life and liberty in a dignified manner — Impugned and subsequent proceedings quashed — Petitioners acquitted of charges framed against them.

Court:Gujarat HIGH COURT
When the statute provides for specific remedy and procedure, then extraordinary jurisdiction or writ jurisdiction or inherent powers are not required to be exercised — Parties should be relegated to follow the procedure prescribed by statute.

Court:Delhi High Court
Vague and omnibus allegations against other family members — No allegations of perpetuating cruelty on her by any of four respondents in order to compel her to bring more dowry or any particular items — No reason to disagree with order of Courts below.

Court:SUPREME COURT OF INDIA
Appellant was not ‘relative’ in any manner as referred to in Section 498A, IPC — There is no question of any allegation against her in respect of ill-treatment of complainant — No question for her prosecution under Section 498A .

Court:ANDHRA PRADESH HIGH COURT
Abetment of Suicide : No Averment in Charge Sheet or Material on Record to Show Petitioner Either Induced Deceased to Commit Suicide or Aided Suicide of Deceased : He is not Liable to be Charge-sheeted for Offence under Section 306, I.P.C. : Proceedings Quashed.

Court:ORISSA HIGH COURT
Quashing of Proceedings : Dissolution of Marriage : Sum of Permanent Alimony Deposited : Continuance of Case, Abuse of Process of Law — Parties have agreed for dissolution of their marriage — Husband has deposited sum of Rs. 70,000/- as permanent alimony of wife in Court — Continuance of criminal case under Section 498-A, I.P.C. against husband and mother-in-law of wife not in interest of justice — In order to secure ends of justice criminal case against petitioners quashed in exercise of powers of this Court under Section 482, Cr.P.C.

Court:KARNATAKA HIGH COURT
Cruelty, Attempt to Murder : Accused Absconding : Case Split up and Charge Sheet Laid Against other Accused, who were Acquitted : Evidence Produced in case of Accused cannot be Different from One Produced by Prosecution against other Accused : No Possibility of Conviction : Proceedings Quashed.

Court: JHARKHAND HIGH COURT
Quashing of proceedings: Cruelty, demand of dowry: Allegations made in complaint constitute offences under Section 498-A, I.P.C. and Section 3/4 , Dowry Prohibition Act : At stage of taking cognizance Court to consider only averments made in complaint petition, statements of complainant and witnesses : It cannot be said filing of complaint was mala fide : No case for quashing of criminal proceedings made out. Application dismissed.

Court:SUPREME COURT OF INDIA
Discharge of Accused : After Taking Cognizance of Offence but before Trial of Case by
Magistrate : Not Illegal — When there is prima facie evidence or material
against accused in support of charge, Magistrate may frame charge in accordance
with Section 240, Cr.P.C. — Where taking cognizance of offence is contrary to any provision of law. Magistrate cannot frame charge.

Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife. Many of such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualized. At times such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement. Violation of human rights of innocent cannot be brushed aside; directions given to prevent the misuse of Section 498A

Sections 498 A and 406 of Indian Penal Code, 1860 and Section 438 of Criminal Procedure Code, 1973 – petitioners sought anticipatory bail for offence punishable under Sections 498 A and 406 – whether counsel who appeared on behalf of complainant heard in matter or not – for offences which committed against society State is only party which has to prosecute accused before Court of law – Section 438 does not contemplate any hearing given to complainant party in police case – complainant can assist Public Prosecutor when proceedings conducted at stage of inquiry, trial or appeal – precedent referred – held, complainant has no right to be heard in applications seeking anticipatory bail.